Domestic Relations Case Procedure Act

An adjudication case for the disinheritance of a presumptive heir and an adjudication case for the revocation of a ruling of the disinheritance of a presumptive heir are subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of a decedent; provided, however, that if these cases are filed after the death of a decedent, they are subject to the jurisdiction of the family court which has jurisdiction over the place where the inheritance process has commenced.

The provisions of Article 118 apply mutatis mutandis to a decedent in the adjudication cases prescribed in the preceding paragraph.

In an adjudication case for the disinheritance of a presumptive heir, the family court must hear statements from the presumptive heir for whom disinheritance is sought, except when the petition is unlawful or the petition is clearly groundless. In this case, it must hear statements from the presumptive heir on a hearing date.

With regard to proceedings in an adjudication case for the disinheritance of a presumptive heir, the provisions of Articles 67 and 69 through 72 apply mutatis mutandis, while deeming the petitioner and the presumptive heir for whom disinheritance is sought to be the parties to the case.

An immediate appeal may be filed against the rulings set forth in the following items by the persons specified respectively in these items:

a ruling of the disinheritance of a presumptive heir:the disinherited presumptive heir; and

a ruling to dismiss a petition for a ruling of the disinheritance of a presumptive heir or a petition for the revocation of the ruling:the petitioner.

An adjudication case for a disposition regarding the administration of an estate for a period before a ruling of the disinheritance of a presumptive heir or a ruling to revoke the ruling becomes final and binding is subject to the jurisdiction of a family court before which the adjudication case for the disinheritance of a presumptive heir or the adjudication case for the revocation of a ruling of the disinheritance of a presumptive heir is pending (if neither adjudication case is pending before any court, the family court which has jurisdiction over the place where an inheritance process has commenced; if either adjudication case is pending before the court in charge of an appeal, the court).

When a ruling of the disinheritance of a presumptive heir or a ruling to revoke the ruling becomes final and binding, the court that has ordered a disposition regarding the administration of an estate for a period before the ruling of the disinheritance of a presumptive heir or a ruling to revoke the ruling becomes final and binding must make a judicial decision to rescind the disposition, upon the petition of the presumptive heir for whom disinheritance is sought, the administrator set forth in the preceding paragraph or any interested party or by its own authority.